Trade Mark Infringement

Where a Court has determined that a trade mark has been infringed, the plaintiff (Plaintiff) must elect between receiving an account of profits or damages as a remedy.  This article discusses how the Courts have determined the total to be awarded to the Plaintiff where an account of profits is chosen .  In short, an account of profits requires the infringer to give up their ill-gotten gains to the party whose rights have been infringed.[1] [Read more…]